separação de bens
Published 8 November 2026, 20:40
separação de bens (separate property of spouses)
A marital property regime in which each spouse keeps their own property: what you buy is yours, and no joint estate arises. It is chosen in a prenuptial agreement before the wedding, and in some cases imposed by law. When buying a home, it means that each spouse acts as an independent buyer of their own share, and their taxes are calculated on their own situation, not the family's.
Where you come across it. A prenuptial agreement, the escritura for a flat, tax calculations when buying a home.
The opposite of comunhão de bens. For tax on a purchase the difference is significant: under separate property, the share of a non-resident spouse is calculated separately.